[Code of Federal Regulations] [Title 40, Volume 19] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR146.4] [Page 699-700] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 146--UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS--Table of Contents Subpart A--General Provisions Sec. 146.4 Criteria for exempted aquifers. An aquifer or a portion thereof which meets the criteria for an ``underground source of drinking water'' in Sec. 146.3 may be determined under 40 CFR 144.8 to be an ``exempted aquifer'' if it meets the following criteria: (a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water because: (1) It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible. (2) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; (3) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or (4) It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not [[Page 700]] reasonably expected to supply a public water system. (Clean Water Act, Safe Drinking Water Act, Clean Air Act, Resource Conservation and Recovery Act: 42 U.S.C. 6905, 6912, 6925, 6927, 6974) [45 FR 42500, June 24, 1980, as amended at 47 FR 4998, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983]